Divorce cannot be avoided by many couples who feel their marital relationship is no longer healthy where quarrels cannot be avoided every time, not to mention some of them are colored with domestic violence, when things like that happen many couples want to end the marriage by divorce in order to get a better life, but many people still do not understand how the divorce process is so below we will briefly explain how the divorce process is carried out.
Marriage can be terminated by death, divorce and court decisions in Article 39 of Law Number 1 of 1974 states that:
- Divorce can only be carried out before a court session after the court concerned has tried and failed to reconcile the two parties;
- To carry out a divorce there must be sufficient reason that the husband and wife will not be able to live in harmony as husband and wife;
- The procedure for divorce before a court hearing is regulated in a separate statutory regulation.
Paragraph one clearly states that a legal divorce can only be carried out before a court session after the court concerned has tried and failed to reconcile the two parties. Then what about couples who claim to be divorced religiously who claim to have been divorced by their husbands? So we can conclude that the divorce is not valid and in law the divorce is not valid and their status is still in a legal marriage bond.
In verse two in order to divorce, there must be sufficient reason that the husband and wife will not be able to live in harmony as husband and wife. The reasons for this are contained in Article 39 of Law Number 1 of 1974 jo. Article 19 Government Regulation Number 9 of 1975 contains the following:
- One of the parties commits adultery or becomes a drunkard, compactor, gambler and so on which is difficult to cure;
- One of the parties leaves the other for 2 (two) consecutive years without the permission of the other party and without any valid reason or because of any other matter beyond his ability;
- One of the parties gets a prison sentence of 5 (five) years or a heavier sentence after the marriage takes place;
- One of the parties commits cruelty or serious harm that is harmful to the other party;
- One of the parties has a physical disability or disease which causes them to be unable to carry out their obligations as husband/wife;
- Between husband and wife, there are constant disputes and quarrels and there is no hope of living in harmony again in the household.
The reasons mentioned above are still being added 2 more as stated in article 116 of the compilation of Islamic law, namely:
- The husband violates taklik talak (conditions which can precipitate a divorce under Islamic law) (article 116 letter (g) of the Compilation of Islamic Law).
- Religious conversion or apostasy that causes disharmony in the household (article 116 letter (h) Compilation of Islamic Law).
Whereas in paragraph three the procedure for divorce is regulated in Government Regulation Number 9 of 1975, which allows a husband or wife to file a lawsuit in court, which needs to be known for Muslim and non-Muslim divorces carried out in different courts, for Muslim couples divorce is carried out in court. religion, while for non-Muslims it is done in the District Court.